Edmonton Public Schools
Board Policies and Regulations

Insurance and Indemnification

1. Definitions
   In this resolution:
   1. "employee" means the Superintendent of Schools and any other person who holds a position designated on Schedule "A" to this resolution,

   2. "Trustee" means any individual who holds the position of Trustee of the Board, and includes the heirs and legal representatives of such Trustee.

2. Delegation of Authority - Schedule "A"
   The Board delegates to the Superintendent of Schools the authority to create and from time to time amend Schedule "A", which, including any amendments, shall be incorporated into and form part of this resolution.

3. Indemnity
   Subject to Sections 4, 5, and 6 the Board will indemnify each Trustee and employee in respect of liability for any claims, actions, costs, expenses, damages, demands, fines and administrative penalties which any or each of them may sustain, pay or incur as a result of or in connection with the performance of duties as Trustee or employee of the Board, or by reason of serving on behalf or at the request of the board as an officer, committee member or director of any other body, so long as such Trustee or employee is acting honestly and in good faith with a view to the best interests of the Board.

4. Circumstances not Indemnified
   The indemnity provided for in Section 3 and the legal defence provided for under Section 7 shall not apply to any matter:
   1. in which the Board has made a demand, claim, or has brought action against the trustee or employee claiming indemnity;

   2. in which the Trustee or employee has made a demand, claim, or has brought action against the Board;

   3. to the extent that the Trustee or employee claiming indemnity is indemnified under a policy of insurance held by the Board or the Trustee or employee; or

   4. in which the Trustee or employee claiming indemnity has, in the opinion of legal counsel chosen by the Board, breached a statutory or other duty to the Board relating to conflict of interest.

5. Acts not Indemnified
   The indemnity provided for in Section 3 shall not apply to any matter in which it has been finally determined by a court or administrative tribunal of competent jurisdiction that the Trustee or employee claiming indemnity has been guilty of:
   1. fraud or dishonesty;

   2. knowingly breaching a statutory duty or obligation;

   3. assault or battery;

   4. false imprisonment;

   5. intentional infringement of copyright, patents or other intellectual property rights; or

   6. professional misconduct.

6. Notification
   A Trustee or employee claiming indemnity shall, within 10 days of being served with a statement of claim or any other document which commences legal action, notify the Board in writing and provide a copy of the statement of claim or other document. In any case in which the Trustee or employee has knowledge of a threatened or potential demand, claim, action or proceeding, such Trustee or employee shall notify the Board in writing as soon as possible. A written notification must:
   1. specify the party who has made the demand, claim, action or proceeding;

   2. unless the matter is one enumerated in Section 4, contain a request that the Board provide legal defence in respect of the demand, claim, action or proceeding; and;

   3. indicate that the Trustee or employee agrees that if it is determined by a court or administrative tribunal of competent jurisdiction that the Trustee or employee has committed an act enumerated in Section 5, the Trustee or employee shall be liable to repay to the Board all costs incurred by the Board in providing legal defence of the demand, claim, action or proceeding.

   If the Trustee or employee does not provide written notice in the form and within the prescribed time limit, the Board may, in its sole discretion, provide or refuse to provide indemnification and legal defence on behalf of such Trustee or employee.

7. Defence of Actions
   Upon receipt of notification in the form and within the prescribed time limit under Section 6, the Board shall, at its sole cost and expense, take over and conduct, in the name of the Trustee or employee claiming indemnity, the defence of the demand, claim, action or proceeding, unless the matter is one enumerated in Section 4 or the Trustee or employee indicates in writing that he does not wish the Board to do so. The Board shall be at liberty to settle any demand, claim, action or proceeding without obtaining the written consent of the Trustee or employee. If the Trustee or employee does not agree to the settlement, the Board shall be at liberty to cease defence of the action or proceeding without any further liability or obligation. If a court or administrative tribunal of competent jurisdiction determines that the Trustee or employee has committed one of the acts enumerated in Section 5, the Board will require the Trustee or employee to repay all monies expended by the Board in providing for legal defence of the action or proceeding.